Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - If a legal proceeding is pending in a civil, criminal or a family court, aggrieved person has a right to seek relief u/ss 18 to 22 of the Act and this relief shall be in addition to and along with other relief that such aggrieved person may be seeking in..........
Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Petition u/ss 18 to 22 of the Act - Order passed by trial Magistrate - Appeal thereagainst - Such an order can be assailed in the manner as provided under Code of Criminal Procedure or Family Court Act, as the case may be, and not in the manner as provided under D.V. Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of Cheque - Territorial jurisdiction - Complainant got his bank account transferred from place `B' to place `M' - Cheque presented for collection at place `B' for the purpose of crediting his account at place `M' - At the time of presentation of cheque complainant maintained his account at place `M' as..........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
Mutation -- Entry in revenue records does not confer title on a person whose name appears in record of rights and that such entries are only for fiscal purpose and no ownership is conferred on basis thereof - Question of title of a property can only be decided by a competent Civil court...........
Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a FIR and materials collected in furtherance of which disclose a cognizable offence and final report filed u/ss 173(2), 173(8) Cr.P.C depending on whether further investigation was conducted, reveals that ingredients to constitute the offence as alleged are prima facie made out against accused, then..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Magistrate has come to the conclusion that there was no breach of peace - Matter related to title dispute which is pending adjudication before Civil Court and question of title can be decided by Competent Court - Magistrate rightly closed the proceedings...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223 -- Cognizance of offence - Examination of complainant and witnesses is not required if complaint is made by a public servant in their official capacity or by a Court - Additionally, if a case is transferred u/s 212 BNSS, a new Magistrate is not required to re-examine complainant and witnesses if they were already..........
Succession Act, 1925, Section 276 -- Probate - Will - Attesting witness of Will identifies signature of testatrix and also identifies his signature on Will - Testatrix was hail and healthy as per evidence of attesting witness and of sound mind and he also categorically deposed that Will was registered with Sub-registrar office and same was signed in their presence and..........
